Candy racks may contain an unwelcome "Surprise"
As merchants remove the last remnants of leftover Valentine's Day candy from their shelves and replace it with Easter treats, shoppers should be aware that there may be a hazardous, illegal product mixed in with the marshmallow bunnies and creme-filled eggs. Kinder Surprise eggs, made by Italy's Ferrero Group, are hollow chocolate eggs containing "surprise" toys. The eggs are popular worldwide; there's even a thriving collectors' market for some of the rarer toys. However, Surprise Eggs have been banned in the United States since 1997, when the Consumer Product Safety Commission warned that the toys could pose a choking hazard to children under 3. (That same year, Nestle voluntarily withdrew a similar product, Nestle Magic.) Kinder Surprise also falls afoul of a provision in the 1938 Federal Food, Drug and Cosmetic Act, which prohibits embedding "nonnutritive items" in confections.
Despite the ban, which is fully honored by Ferrero's U.S. arm, Surprise Eggs are widely available here, with many imported by companies specializing in foods from countries where the product is available legally. The eggs pictured above, for example, come from Poland, and were purchased for $1.59 each in a suburban New York gourmet food store. A Consumers Union staffer recently confirmed they were available in a German specialty store in the Washington, D.C. area. They are also widely available along the U.S.-Canadian border, since they're legal in Canada. Surprise Eggs are also easily purchased on the Internet, from ethnic importers, candy merchants, and, until recently, even from Amazon.com, which offered Surprise Eggs sold by a Greek importer through its Marketplace program (the products were sold and shipped by the importer, but Amazon provided the e-commerce infrastructure, and they showed up as part of a search on Amazon.com).
What to do: If you see Surprise Eggs on sale at a local or online store, you can notify the CPSC. (The agency contacts vendors and warns them that Surprise Eggs are illegal, though the sheer number of merchants carrying them means that some will inevitably slip through the cracks.) And if you really want to surprise your kids this Easter, you can consider getting them candy and toys separately. Mixing the two, especially when the toy is embedded inside the candy as it is with the Surprise Egg, sends a mixed message about what is and isn't edible, and puts younger children at risk.
Posted by: Gloria Thai | Jan 5, 2009 2:01:19 PM
We lived in Italy for three years. My kids and I loved Kinder Eggs. Amazing that no Italian children have choked on the toys. Here's a thought, don't give the eggs to children who still put things in their mouths!
Posted by: Marjorie | Nov 24, 2008 2:52:18 PM
Next they'll want warning labels on grapes and bananas--I'm not allowed to serve them in my Head Start class because they are considered choking hazards, too!
I think the real reason they are banned is because American products can't compete with the awesome toys in Kinder eggs. Have you opened a box of Cracker Jack lately? UGH!
Posted by: Hermann Ludwig | Nov 19, 2008 12:33:31 PM
Hmm, what ever happened to Pretzels? Are they now banned as well, since they obviously presented a choking hazard for the most powerful man in the world a couple of years back?
Just came back from a trip to Europe, to find my suitcase bereft of Kinder eggs.
I do feel much safer now indeed.
Posted by: Robynn Davis | Nov 8, 2008 8:02:28 PM
I am an American (Texan) mother who loves Kinder Surprise Eggs and gives them to my kids on their birthdays and at Christmas. My hubby recently brought some home from a business trip to Scotland.
I agree that the FDA has gone too far by banning these wonderful treats and those similar: but our elected officials think that we are imbeciles that have to be protected from ourselves. Unfortunately, in some cases, they are correct. There are too many people in the US that cannot think or do for themselves, and expect the government to take care of them.
As for me and mine, we will continue to find ways around the ban and enjoy Kinder Surprise Eggs for as long as Ferrero will make them. And if you think that I will turn in a merchant that is selling them illegally...you have another think coming (as my Dad used to say.)
Posted by: Heinz | Nov 3, 2008 3:51:13 PM
To bad that Ferrero doesnt have the funds to bribe some goverment officials. It is amacing that eight year old kids can play legaly with an UZI and kill themself at a gunshow but can not have a totaly save pice of chocolate. Wake up America
Posted by: AmericanJoe | Oct 22, 2008 4:16:06 PM
My dad used to give me and my sister these things after they were mailed from my grandparents in Germany. I never realized they were banned here, nor did I know these things were of any value...it's sad to think, that I can't recall where any of the hunreds of little toys I had went to. =(
Posted by: Chaos Prophet | Oct 15, 2008 9:39:16 PM
The new Kinder eggs (Joy) do NOT have the toy inside the chocolate anymore...it is in a separate container, but they are still held to this ban. That should tell you something right there.
It has absolutely no more of a choking hazard than the average American product but special negative consideration is given to the Kinder product to keep this dangerous weapon off the shelves. The land of over 100 million guns is apparently unable to cope with chocolate and toys?
Explain that.
Posted by: Kam | Oct 15, 2008 9:16:50 PM
Wow. Cheers to encouraging ignorance among American children. Consumer Reports, you are doing a wonderful job in contributing to the American Brain Drain.
Do you really believe that a child will want to eat that capsule inside the chocolate? I am a large adult male and I couldn't even swallow that thing. And how about testing it yourself first before issuing a clarion call to tattle on small defenseless corner stores and behaving like childish school hall monitors. It takes adult hands to open these capsules...they are very tight. Show me a 3 year old that can open that without taking a hammer to it and I'll make him a celebrity.
If the children can't tell already that a piece of plastic isn't a food item then they are likely not to be long for this world whether you ban items or not. Seriously, think about it.
Obviously no responsible parent gives ANY wrapped candy to a sub-three year old to let them eat it unsupervised. Have you considered the fact they can choke on the candy within a wrapper or packaging without the candy containing any offending toy whatsoever?
Why not just admit that you and the US government are simply protecting American candy corporations who would see profit loss if Kinder attained a foothold in the US.
That is what this is really about. We'd have a lot more respect for you if you just presented it in that straightforward fashion.
.
Posted by: natalie | Oct 12, 2008 10:50:13 AM
The ban and website info stating these kinder eggs are dangerous are ridiculous. Many toys from mcdonald,s, bubble gum machines and countless others contain small toys. aAe we banning everything? Parents need to monitor age appropriate items for their small children. These kinder eggs are a part of my fond memories as a child and have always provided a connection to my german family. I also buy these for my chidren. It is frustrating when it is hard to find or cost much extra to get from imported stores because of these bans.
Posted by: mom2jj | Sep 29, 2008 1:37:58 PM
We currently live in Germany where my husband is stationed with the USAF. I think the ban in the US is equally as ridiculous as everyone else. You can't just bite into the egg and eat the candy. The capsule has to be opened up. My kids are 6 and 8 and can hardly ever open the capsule themselves. Parents need to take responsibility and stop blaming everyone else.
Posted by: Never teh Bride | Aug 9, 2008 6:20:30 PM
Maybe parents should try watching their kids or checking out what they buy their kids before handing it over. The writing on these is typically not in English, so if you can't read German, Polish, or whatever, perhaps you shouldn't give the product to your little angel? I mean, give me a break. I lived in Germany, and my maternal family still lives there, and we all enjoyed plenty of Kinder eggs without choking to death. I have to wonder...Why can't Americans do the same?
Posted by: Kinder Fan | Aug 6, 2008 8:01:03 PM
Just like the eight year old girl who swallowed over twenty Magnetix marbles and now her parents want to take Magnetix off the market, it's negligent parents who ruin all the fun for the rest of us.
Report whoever sells Kinger Eggs? HA!!!! I support them!!!!!!!!!!!!!!!!
Posted by: Sally | Aug 3, 2008 4:33:27 PM
These things are everywhere in Europe. I can't believe that the US govt. really believes people would swallow a whole egg without looking on the label/biting into it first.
Then again...
Posted by: toma | Jul 15, 2008 9:45:56 AM
only an idiot would ban kinder surprise eggs.
Posted by: Michelle | Jul 3, 2008 10:58:24 PM
I am glad I am canadian, i still love these things.
I remember eating them as a child, and I certainly knew what to eat and what not to eat... It's not that hard, and maybe the parents should just take some responsibility
Posted by: The editors, Consumer Reports on Safety | May 28, 2008 3:39:12 PM
In our new book, "Consumer Reports Guide to Childproofing & Safety," we advise: "To prevent choking in children under 3 years old, don't give them any toy that can fit through a toilet-paper tube."
Posted by: Beth | May 25, 2008 11:21:30 AM
There used to be a measuring tool for parents to use to measure toys, toy parts and food. It would help parents decide if something was too small to give to a child. This was a great household tool to help avoid choking in toddlers and preschoolers. Is this 'tool' still available?
Please advise.
Thank you.
Beth
Posted by: collprin | Apr 29, 2008 11:16:24 PM
I want my Kinder supprize eggs! I don't want to go to Canada just for them.
why can't there be a way for adults and sane people to buy them.
like what Rick said, make it sure people know it says Not for 3 and under, and also say not for 'stupid people'
I found the containers to be hard to open.
Posted by: Mike | Apr 26, 2008 3:03:30 PM
This is so typical of the United States. Our govt. legislates common sense so people are "safe" from ridiculous dangers like Kinder Eggs.
Posted by: Laurent | Apr 4, 2008 4:28:51 PM
This is absolutely ridiculous! All the abuse of power by Govt agencies such as FDA, FCC, (etc..) is a joke.
So what's next, are they going to ban kids bicycles too, because those could be dangerous if you're not wearing a helmet...Coooome oooon!
Customs just confiscated all Kinder Eggs my parents were bringing for the kids from France... and how exactly is this supposed to be the country of the free?
:(
Posted by: Amanda | Mar 21, 2008 9:14:15 AM
The comment that candy and toys should not be mixed is quite the riot. What about toy fruit, veggies, candy, etc that kids can get with their play kitchens? I'm surprised that there hasn't been an outbreak of kids choking on those - I mean, that's one mixed message! Puh-leeze! If the parents aren't smart enough to give their children age appropriate food and toys - maybe they shouldn't be procreating. My kids had kinder-eggs at ages 4 and up and guess what??? I was there with them to help them with their toys. It's called RESPONSIBILITY people!
Posted by: Liam Bland | Mar 20, 2008 11:52:06 AM
Careful! It'll be bubbles they ban next...
Tougher regulation and articles such as these are not what is needed. Any parent worth their salt will check a sweet or toy before the child is given it to make sure it is safe. Unless the problem is that parents aren't reading the packaging (it's not exactly cryptic either).
The article is absolute melodrama. By all means, notify the CPSC, tell them how to further waste their time. Maybe we can have a War on Chocolate Eggs...
Posted by: Kinder Eggs | Jan 24, 2008 9:04:41 PM
I give these to my 3 year old daughter.. she is fine with them. she cant put the together but with help she is perfectly safe.
The US gov mite as well put u all in bubbles
Posted by: JJ | Jan 2, 2008 6:00:14 PM
I think it has nothing to do with choking, it’s all about politics. Some US candy manufacture could not compete so they pushed for ban. But as you can see people don’t care, I buy the eggs all the time and I am located in US. Just go to the international store and you will see all kinds of good stuff.
Posted by: Clive Austin | Dec 11, 2007 4:55:27 AM
This is ridiculous. I've been eating Kinder Eggs since I was a young boy (although not continuously!) and like every confection, potato crisp, nut etc I had back then an adult was never far away keeping an eye on me. Surely the onus is on the parent, not the manufacturer to ensure that whatever is going into their child's mouth is supposed to be in there. I can't help wondering if the U.S government would have banned Kinder Eggs if Ferrero was a U.S company and not Itallian. Also I can see the difference between this and a lollipop stick, but not Crackerjacks or even breakfast cereal gifts where the "toy" is in with the cereal.